Rabson v Judicial Conduct Commissioner

[2016] NZHC 2713

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2016-485-781 [2016] NZHC 2713

BETWEEN

MALCOLM EDWARD RABSON

Applicant

AND

JUDICIAL CONDUCT COMMISSIONER Respondent

On the papers
Judgment:	11 November 2016

JUDGMENT OF CLARK J

[1]      In  his  proceeding Mr  Rabson  seeks  judicial  review of a decision  of  the Judicial  Conduct  Commissioner  following  a  complaint  lodged  by  Mr  Rabson himself.

[2]      Originally the proceeding named Justices of the Supreme Court as second respondents.   An application was made to have them removed as parties.   The High Court, applying established principle, determined the Judges were not properly joined and accordingly they were struck out as parties.   Costs were awarded the parties struck out.

[3]      In accordance with the Judge’s direction a memorandum was filed in which the amount of costs sought is set out.  Classifying the proceedings as category one proceedings of a straightforward nature1  and the time allocations as being in band

“A” requiring a comparatively small amount of time2 the calculation results in costs

of $888.00.

1      High Court Rule 14.3.

2      High Court Rule 14.5.

RABSON v JUDICIAL CONDUCT COMMISSIONER [2016] NZHC 2713 [11 November 2016]

[4]      The costs incurred, however, are $770.00.  Because the costs incurred are less than the scale calculation of costs an order is sought only for the costs incurred.

[5]      Accordingly, Mr Rabson is ordered to pay costs in the sum of $770.00.

Karen Clark J

Solicitors:

Crown Law Office, Wellington for Respondents